HomeMy WebLinkAboutMC-946
Effective: July 20, 1995
ORDINANCE NO.
MC-946
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTIONS
8.24.181, 8.24.182, 8.24.183, 8.24.184, 8.24.185 AND 8.24.186 TO THE
2 SAN BERNARDINO MUNICIPAL CODE RELATING TO THE DISPOSAL OF SCRAP
TIRES
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
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SECTION 1. Sections 8.24.181, 8.24.182, 8.24.183, 8.24.184,
8.24.185 and 8.24.186 are hereby added to the San Bernardino
Municipal code to read as follows:
8.24.181 Report of Number of Scrap Tires
Every seller of new or used tires within the City of San
Bernardino shall report to the Director of Public Services on or
before the 15th day following the end of each calendar quarter year
the number of scrap tires for which the disposal fee required by
Public Resources Code ~42885 has been collected. Said report shall
be in a manner or form as prescribed by the Director of Public
Services. For the purposes of sections 8.24.181 through 8.24.186,
a seller shall be defined as any person, business, corporation or
partnership that engages in the sale and/or exchange of new and used
tires as a regular part of their business, including but not limited
to wholesale and retail tire dealers, automotive service centers,
automotive repair centers, new and used automotive dealers, new and
used automotive parts vendors and automotive dismantlers.
8.24.182 Penalty for Failure To Report Number of Scrap Tires
Any seller of new or used tires within the City of San.
Bernardino who fails to submit the report set forth in Section
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MC-946
8.24.181 shall be assessed a separate penalty by the City of 20
1 percent of the fees paid by the seller to the State as required by
2 Public Resources Code ~42885. Said penalty will be in addition to
3 any penalties assessed by the State as set forth in ~42886(b) of the
4 Public Resources Code, or by any other local or State agencies. The
5 penalty set forth in this section shall be payable to the Public
6 Services Department of the City of San Bernardino.
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8 8.24.183 Disposal of Scrap Tires
9 Every seller of new or used tires within the City upon request
10 by an authorized officer, agent or employee of the City must
11 demonstrate that each such tire for which the disposal fee required
12 by Public Resources Code ~42885 has been collected, and which has
13 been reported to the Director of Public Services pursuant to
14 ~8.24.181, has been disposed of properly by one of the following
methods:
A.
Manifest provided by a state-permitted waste tire hauler
company;
B.
Dated Certificate of Removal recording the name, address
and California Driver's License number of each person
that elected to retain ownership of the whole tires
removed from their vehicle. Said record shall be in a
manner and form as prescribed by the Director of Public
Services;
C.
Obtain and participate in a City authorized or sponsored
tire collection, processing or recycling service;
D.
Dated Certificate of Processing, in a manner and form as
prescribed by the Director of Public Services, which
records the number of whole tires reduced in volume prior
to land filling by one of the following methods:
1. Shredding to a size of less than four inches in
width (Public Resources Code ~42865).
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MC-946
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Quartering/Slicing: Cutting into four or more
parts across the bead (California Integrated Waste
Management Board, Resolution 93-27, 3/31/93).
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Bagel Splitting: Splitting the tire through its
tread surface to produce two halves, each of which
includes a bead, sidewall, and part of the tread
(California Integrated Waste Management Board,
Resolution 93-27, 3/31/93).
Baling: Mechanically compressing and securing
whole waste tires into a bale (California
Integrated Waste Management Board, Resolution 93-
27, 3/31/93).
Manual Volume Reduction: Manually cutting out the
sidewalls, including bead to produce three or more
parts (California Integrated Waste Management
Board, Resolution 93-27, 3/31/93).
Any alternative methods formally approved by the
Executive Director of the California Integrated
Waste Management Board.
12 The City shall provide copies of Certificate of Removal and
13 Certificate of Processing forms to any seller of new or used
14 tires within the City upon request from the seller to the Public
15 Services Department.
16 Any seller of new or used tires within the City who cannot
17 adequately demonstrate to the Director of Public Services or his
18 designee that each whole tire was disposed of properly by one of
19 these methods, shall be in violation of this section, and subject
20 to prosecution by the City. The penalty for a first violation
21 shall be $25.00 plus $3.00 for each tire which the seller cannot
22 demonstrate was properly disposed of by one of these methods.
23 Each subsequent violation shall be $100.00 plus $3.00 per tire.
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MC-946
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8.24.184 Penalty for Unlawful Disposal of Whole Tires.
It shall be unlawful to dispose of whole tires in any of the
following manners within the City of San Bernardino:
1) Placement of whole tires within or around any regular
commercial, industrial or residential rubbish container within
the City. A residential customer may place up to one (1)
whole tire per collection day with their regular refuse
collection, with a maximum of four (4) tires per calendar
quarter.
2) Placement of whole tires on any public or private
property within the City, unless said property is a registered
waste tire facility as set forth in Public Resources Code
~42800 to ~42859, et. seq.
Any seller of new or used tires within the City of San Bernardino
who willfully and knowingly places whole tires in or around any
regular commercial, industrial or residential rubbish container
within the City or along any public or private property, or who
allows or directs another party to willfully and knowingly place
whole tires in any regular commercial, industrial or residential
rubbish container within the City or along any public or private
property, shall be guilty of a violation of this section, and
subject to prosecution by the City. The penalty shall be $500.00
for each incident, plus $3.00 for each tire unlawfully disposed.
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8.24.185 Posting of Notice
following notice:
Every seller of new or used tires within the City must post the
Notice
Every tire left with this facility for disposal is assessed a
$.25 surcharge pursuant to the State of California Public
Resources Code ~42885. This surcharge is for the costs of
disposal and for development of new uses for scrap tires.
Other charges may also be made by this operator to cover
actual disposal or recycling costs.
In order to prevent the illegal disposal of used tires within
the City of San Bernardino, if you elect to keep your used
tires for private use or disposal, you will be required to
sign a Certificate of Removal stating the number of tires that
you removed, your name, address and California Driver's
License Number. This information will be furnished to the
City of San Bernardino. Illegal disposal of whole tires is a
violation of Section 8.24.184 of the City of San Bernardino
Municipal Code, and may result in fines and penalties.
8.24.186 Authority
Sections 8.24.181 to 8.24.185 are adopted pursuant to the
authority of the Charter of the City of San Bernardino and Public
Resources Code ~42810.
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March 1, 1995
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MC-946
AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTIONS
8.24.181, 8.24.182, 8.24.183, AND 8.24.184 TO THE SAN BERNARDINO
1 MUNICIPAL CODE RELATING TO THE DISPOSAL OF SCRAP TIRES
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I HEREBY CERTIFY that the foregoing resolution was duly adopted
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by the Mayor and Common Council of the City of San Bernardino at a
regular
meeting thereof, held on the 19th day of
June
1995, by the following vote, to wit:
Council Members:
Aves Navs Abstain Absent
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NEGRETE
CURLIN
HERNANDEZ
OBERHELMAN
DEVLIN
POPE-LUDLAM
MILLER
'.('
G(~
~A--10
City Clerk
The foregoing resolution is hereby approved this ~~ay of
June , 1995. ~)~f(U41
David Oberhelman, Mayor Pro Tern
City of San Bernardino
Approved as to form and
legal content:
James F. Penman,
23 City Attorney
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J 1.
By:
March 1, 1995
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